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The judge will advise the jury that it is the sole judge of the facts and of the credibility (believability) of witnesses. Introductory Comment.What evidence is proper for the jury to consider is based upon the law of evidence. (1) Before or at the Close of the Evidence. Each of you must decide the case for yourself, but only after an impartial consideration of the evidence in the case with your fellow jurors. In a trial, the judge — the impartial person in charge of the trial — decides what evidence can be shown to the jury. The jury's primary role is to determine the facts based on an evaluation of all the evidence the judge rules admissible. Introductory Note to the Judge. The following is a guide for preliminary instructions in a criminal case. The jury instructions explain the law in the case and guide the jurors when they look at the evidence.